Bill Text: NY S06032 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to prohibiting sanctuary for illegal immigrants.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Engrossed - Dead) 2016-06-17 - referred to governmental operations [S06032 Detail]

Download: New_York-2015-S06032-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6032
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    August 12, 2015
                                      ___________
       Introduced   by  Sens.  CROCI,  DeFRANCISCO,  FARLEY,  GRIFFO,  LAVALLE,
         MARTINS, MURPHY, SEWARD, SKELOS -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the executive law and  the  general  municipal  law,  in
         relation to creating the NY Cares Act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known as the New Yorkers Combating  Alien
    2  Recidivism  and  Ending  Sanctuary Act and may be cited as the "NY Cares
    3  Act".
    4    S 2. Paragraph (u) of subdivision 2 of section 709  of  the  executive
    5  law is relettered paragraph (v) and a new paragraph (u) is added to read
    6  as follows:
    7    (U)  DEVELOP  A  PLAN  TO  ENSURE THAT ALL COUNTIES, CITIES, TOWNS AND
    8  VILLAGES, AND ANY  AGENCY,  OFFICE,  DEPARTMENT  OR  AUTHORITY  THEREOF,
    9  INCLUDING   A  SHERIFF'S  DEPARTMENT,  MUNICIPAL  POLICE  DEPARTMENT  OR
   10  DISTRICT ATTORNEY'S OFFICE ARE IN COMPLIANCE WITH  THE  REQUIREMENTS  OF
   11  SECTION ONE HUNDRED THIRTY-NINE-E OF THE GENERAL MUNICIPAL LAW.
   12    S  3.  The  general  municipal  law is amended by adding a new section
   13  139-e to read as follows:
   14    S 139-E.  PROHIBITION  AGAINST  LOCAL  GOVERNMENT  ACTION  TO  PREVENT
   15  ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.  1. IN ACCORDANCE WITH ARTICLES
   16  NINE AND THIRTEEN OF THE CONSTITUTION OF THE STATE OF NEW YORK, NO COUN-
   17  TY, CITY, TOWN OR VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORI-
   18  TY  THEREOF,  INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPART-
   19  MENT, OR DISTRICT ATTORNEY'S OFFICE, OR  THE  GOVERNING  BOARD  THEREOF,
   20  SHALL  ADOPT  ANY  RULE,  ORDER,  ORDINANCE, LOCAL LAW OR POLICY, EITHER
   21  FORMALLY OR INFORMALLY, PROHIBITING OR INHIBITING ONE  OR  MORE  OF  THE
   22  FOLLOWING:
   23    (A)  THE ENFORCEMENT OF LAWS OF THIS STATE OR FEDERAL LAWS RELATING TO
   24  IMMIGRANTS OR IMMIGRATION;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11792-04-5
       S. 6032                             2
    1    (B) THE ABILITY OF LAW ENFORCEMENT OFFICERS  TO  ASSIST  OR  COOPERATE
    2  WITH  FEDERAL  IMMIGRATION OFFICIALS IN THE COURSE OF CARRYING OUT THEIR
    3  ROUTINE LAW ENFORCEMENT DUTIES;
    4    (C)  THE USE OF LOCAL RESOURCES TO AID IN THE COMPLIANCE WITH AN IMMI-
    5  GRATION DETAINER ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY;
    6    (D) A LAW ENFORCEMENT OFFICER FROM MAKING AN  INQUIRY  CONCERNING  THE
    7  IMMIGRATION  STATUS  OF  A  LAWFULLY  DETAINED  INDIVIDUAL OR A LAWFULLY
    8  ARRESTED INDIVIDUAL, AND/OR VERIFYING THE  IMMIGRATION  STATUS  OF  SUCH
    9  INDIVIDUAL;
   10    (E)  THE  SHARING  OF  INFORMATION PERTAINING TO AN INDIVIDUAL'S IMMI-
   11  GRATION STATUS WITH FEDERAL IMMIGRATION OFFICIALS; OR
   12    (F) THE ABILITY OF FEDERAL IMMIGRATION OFFICIALS TO ENTER AND  CONDUCT
   13  ENFORCEMENT  ACTIVITIES  AT A MUNICIPAL OR COUNTY JAIL IN FURTHERANCE OF
   14  THEIR DUTY TO ENFORCE FEDERAL IMMIGRATION LAWS.
   15    2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL NOT BE  CONSIDERED  TO
   16  BE LAWFULLY DETAINED IF SUCH PERSON IS: (A) THE VICTIM OF A CRIME; (B) A
   17  COOPERATING WITNESS RELATING TO A CRIME; OR (C) REPORTING A CRIME, CRIM-
   18  INAL ACTIVITY, OR A PLANNED OR ACTUAL ACT OF TERRORISM.
   19    3.  (A)  NO  STATE  FUNDING  SHALL BE APPROPRIATED OR DISBURSED TO ANY
   20  COUNTY, CITY, TOWN OR VILLAGE, OR  ANY  AGENCY,  OFFICE,  DEPARTMENT  OR
   21  AUTHORITY  THEREOF,  INCLUDING  A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
   22  DEPARTMENT OR DISTRICT ATTORNEY'S OFFICE, DETERMINED  TO  BE  IN  WILFUL
   23  VIOLATION OF THIS SECTION.
   24    (B)  THE  COMPTROLLER  SHALL, PRIOR TO THE DISBURSEMENT OR DELIVERY OF
   25  ANY STATE OR FEDERAL FUNDS, TO A COUNTY, CITY, TOWN OR VILLAGE,  OR  ANY
   26  AGENCY,  OFFICE, DEPARTMENT OR AUTHORITY THEREOF, REQUIRE THAT THE CHIEF
   27  ELECTED OFFICER OF SUCH COUNTY, CITY, TOWN OR VILLAGE PROVIDE  VERIFICA-
   28  TION,  SIGNED  UNDER PENALTIES OF PERJURY BY SUCH CHIEF ELECTED OFFICER,
   29  THAT SUCH COUNTY, CITY, TOWN OR  VILLAGE  IS  IN  COMPLIANCE  WITH  THIS
   30  SECTION.
   31    4.  THIS  SECTION SHALL NOT BE DEEMED TO APPLY TO ANY SCHOOL DISTRICT,
   32  CHARTER SCHOOL, OR MUNICIPAL HEALTH SERVICE FACILITY.
   33    S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
   34  sion, section or part of this act shall be  adjudged  by  any  court  of
   35  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   36  impair or invalidate the remainder thereof, but shall be confined in its
   37  operation to the clause, sentence, paragraph,  subdivision,  section  or
   38  part thereof directly involved in the controversy in which such judgment
   39  shall  have been rendered. It is hereby declared to be the intent of the
   40  legislature that this act would have been enacted even if  such  invalid
   41  provisions had not been included herein.
   42    S 5. This act shall take effect immediately.